Adopt Resolution 19-270 Approving Accessory Structure Agreement at 16501 Jarvis St NW; Case of Allen and Alycia Skogquist

The City has received an application from Allen and Alycia Skogquist (the "Applicant") for a Building Permit for an approximately 12,000 square foot detached accessory structure at the property located at 16501 Jarvis St NW (the "Subject Property").  The floor plan for the detached accessory building indicates that the accessory structure would:

• 1,072.50 square feet dedicated to living space, of which 160 square feet will be reserved for a wet bar. This area includes a fireplace, three TVs, and a full wet bar along with couches and space for hangouts, parties, etc. This area also includes provisions for eating and cooking, arcade games, ping-pong tables, a dart board, and multiple couches.
• 1,088 square feet for dedicated storage on the mezzanine level.
• 84 square feet dedicated to a full bathroom including sink, tub, and toilet.

Per City Code Section 117-349(d)(8), the City prohibits detached accessory buildings from containing complete independent living facilities (accessory apartments) which are defined as having three or more of the following: permanent provisions for living, sleeping, eating, and sanitation. Staff notes there is living space, kitchen space (including a fridge, sink, oven with no cooktop, and ice maker), and a bathroom. The building is heated as well, which would lend itself to future living or event space.

The Applicant has maximized the amount of detached structures allowed onsite per the City Code. Any future detached building, including a small shed, would require a Conditional Use Permit (CUP) as the Code is currently written.

Notification is not required.

City Code Section 117-349(d)(8) prohibits accessory buildings from containing complete independent living facilities (accessory apartments).  This is defined as have three or more of the following: permanent provisions for living, sleeping, eating, and sanitation.  While it does not appear that the proposed detached accessory building would be utilized as an accessory apartment, it seems that it may have the potential to be used in that capacity in the future.  Thus, Staff has drafted an Accessory Structure Agreement outlining how the building may be used and specifically prohibits its use now, or in the future, as an accessory apartment. Staff has also included that the building cannot be used in relation to a home-based business, nor as a commercial event space.

The detached accessory structure appears to meet all applicable zoning standards regarding size, exterior finish, setbacks, etc.  As proposed, the Applicant will need to work with the Building Division to ensure compliance with septic regulations (due to the proposed bathroom), and to obtain any other applicable permits (septic, electrical, etc.). The Applicant has received all necessary permits up to this point and received a Stop Work Order after a plumbing permit came in for the wet bar. Staff did not receive full information on how the building would be used during initial permit review, so the building is under construction. Staff does not believe that the Applicants will utilize the space as an accessory home or for sleeping space, but does believe that future homeowners could utilize the space as an event center, site for a home-based business, or have someone live in the space.

Alternatives

Alternative 1: Adopt Resolution #19-270 approving an Accessory Structure Agreement.  If approved, Staff could complete the review and issue the Building Permit for the detached accessory structure.  Since it does not appear that the accessory structure is intended to be used as an accessory apartment, Staff would support this alternative. This would limit the ability for future homeowners to use as a building space, event space, or living space.

Alternative 2: Adopt Resolution #19-270 approving an Accessory Structure Agreement and direct Staff to prepare information for a future work session to discuss accessory apartments.  If approved, Staff could complete the review and issue the Building Permit for the detached accessory structure.  Since it does not appear that the accessory structure is intended to be used as an accessory apartment, Staff would also support this alternative as these types of requests are becoming more commonplace.

Alternative 3: Do not adopt Resolution #19-270.  This would likely prohibit Staff from issuing a Building Permit for the proposed detached accessory structure as it could be considered an accessory apartment.  Staff believes that the Accessory Structure Agreement sufficiently addresses that concern and does not support this alternative.

This is being handled as part of Staff's regular duties.

Staff recommends adopting Resolution #19-270.

Motion to adopt Resolution #19-270 approving an Accessory Structure Agreement for a detached accessory structure at 16501 Jarvis St NW contingent upon review as to legal form by the City Attorney.